Marlee faced years of surgery and therapy after being seriously injured in a tractor-trailer accident. So, it was understandable that she was concerned about the stress of suing the driver who caused the crash. Just meeting with her attorney was challenging because of her physical injuries and because of her overwhelming anxiety and depression also brought on by the accident. Still, Marlee needed the compensation to pay for her medical treatments. But even after filing her personal injury lawsuit, she worried about whether she would have to go to trial.
Filing a Personal Injury Lawsuit
Before actually preparing and serving the complaint, the person filing the lawsuit (the “plaintiff”) meets with an experienced personal injury lawyer. They will file the complaint after discussing the case and investigating the facts.
Lawsuits generally include the following chain of events:
- Plaintiff files the lawsuit and serves it on the defendant(s).
- Defendants file an answer.
- Each party may file motions, like a motion to dismiss the case.
- At some point, the parties enter the discovery phase of litigation. The parties answer questions, often under oath, and exchange documents.
- Pre-trial work begins. The parties might move on to mediation or arbitration. Otherwise, the parties will move toward trial.
However, most lawsuits settle before a trial begins. In fact, very few lawsuits actually make it to trial. Also, every case is different, and the parties might settle at any time.
Alternatives to Trial
Your attorney will advise you of any ways to avoid going to trial. As mentioned above, some parties might try mediation or arbitration.
Mediation involves the parties and their lawyers meeting with an impartial third party – the mediator. After discussing the case together, the mediator usually moves the parties to separate rooms. The mediator then attempts to facilitate a settlement. The parties are not forced to settle. It is important to note that mediation is generally less formal and more private than trial.
Arbitration is another method of alternative dispute resolution. Similar to mediation, arbitrations are typically less public than a trial. However, at least one arbitrator hears the case and usually has the power to decide it. The arbitrator’s decision binds the parties in most cases. Still, going to arbitration is usually less stressful than going to trial.
